Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-07-13
MINERAL LANDS.
Further Taking of Testimony In the
Towle Bros. Case.


| TsPvc1A1, DISPATCH TO THE REcoRD-UsIoN.l
SAN Francisco. July 12th.-The taking
| of testimony in the mineral land case, the
| Government VS.. Towle Bros. ct al, before
an examiner in the United States District
| Court Judge Hoffman,, was resumed at 10
o'clock to-day.
The first witness called to the stand was
]. II. Wiides, a sdraughtsman in the Sur
veyor-General's Office. He had with him a
number of maps and copies of field notes
taken by deputy surveyors, relating to Sec
| ton 7 and the gold mines located in its
immediate vicinity. These maps and
| field notes were made many years ago.
| Witness explained how the maps were
made from field notes and what different
shades of coloring were intended 20 repre-
sent; yellow generally indicated mineral, but
not always. In the northeast quarter of
northwest quarter of section is marked
- mines" This is on the north fork of
Steep Hollow creek. This was a survey
made twenfy-one years ago. Witness
then at the request of General Carey read
the field notes of Swamp Angel mine,
made 1873; COLLEEN Bull. 1887; Planet 1858:
| Lowell Hill, 1879; Sacramento and Bear
River 1878, and the same were submitted
in evidence.
Senator Sargent interposed objections to
all of this testimony as irrelevant and i'm
material 1t did not relate to the land in
question. and was subsequent to the grant
| ing of the patent TO the railroad company.
On cross examination witness said the
entire township, of which section was a
part, was returned as agricultural. The
Golden Bull, Lowell Hill, Swamp Angel
nor no other mine is noted on the town
ship map at all.
Redirect examination-Au of these
maps have been approved by the Surveyor
General, and certified copies made and filed
with the department in Washington.
Re-cross examination-These mineral
! land maps could not have been on file in
| the Land Office at the time of the granting
| of the railroad patent, as the field notes all
show that they were surveyed some years
later. None of these maps could have
been sent East before the Surveyor General
approved them, which was a dozen years
| after the railroad plat was filed.
Mr. Sargent-Do you remember the case
OF Benson going to Penn valley. Nevada
county, to survey an alleged mine, and the
Marshal being called upon by Benson to
protect him against the farmers, who in
sisted that it was bold attempt to get
title 10 their farming lands?
Witness-When was it?
Mr.. Sargent-Some time in 1878.
Witness-I don't recall the circumstance.
Benson had so many troubles that l am a
little mixed upon them.
Mr.. Sargent-Is it not a well-known fact
that for certain fees Deputy Assessors file
certain kinds of reports?
Witness-I think Deputy Surveyors as a
rule are honorable men. Their report
must in every case be accompanied with an
affidavit of two disinterested individuals.
r-aA tarf In St1v~
veyor- General, assuming them to be such,
proceeds with his work He never heard
of any charges against the surveyors OF
these plats. They were honorable, COM
petent and honest men-E. G. Uren, OF
Dutch Flat, and II. S. Bradley, now de-
ceased.
The next witness called was J. Levee,
who resides two miles from Lowell Hill.
At the present time is farmer and horti-
culturist lived there since the fall of 1865 !;
know all the mines that have been referred
| to in this trial, am also acquainted with
| the lines of section I know of no mining
| in section Z, outside of little prospecting,
except the Chinese, who work in the chan
| mel of Steep Hollow creek. He described
| the mines as well as he could, some of
| which he had not seen for years, others he
never was in, and others still he only knew
by hearsay. Sold Skehan water to mine
with in 1886 and 1887, while acting as
agent for the Little York Ditch Company.
A small portion of the main ditch is on
section I, and at least a half mile of a
smaller canal runs through portion of it.
Was of the opinion that The southern por-
ton of section was mineral in character.
Speaking of the topography of the country,
witness said portion of it is level, part
broken and billy and slightly rolling. The
soil is loamy, and portions Of the land will
produce anything that will grow in the Sec
ton when water can be obtained with
which to irrigate. Don't think it valuable
for agricultural purposes except fruit, it be-
ing specially well adapted to apple culture.
Vegetables also can be raised. This loan
soil is deeper in some places than in others.
In the northern portion of the section
there is more bedrock than anything else.
Witness knew there was a gravel deposit
upon this section, but whether it was vals-
able OF not for mining purposes he could
| not say. Don't know whether it contains
gold or not. Have seen similar bodies of
gravel worked at profit. When first went
to that section the entire country was
classed as mineral land, especially where
there are extensive gravel deposits 1t was
generally understood at that time that the
mines were located under and conformed
fields that had been cultivated on section 7,
where a small quantity of hay was raised.
A small portion of an orchard on Lowell
Hill, he believed, was upon this section.
The two lots spoken of contained about
five acres each. The Lowell Hill orchard
less than an acre.
On cross-examination witness said he
never prospected the gravel on section I.
So far as he knew there had been no pay
ing lead of gravel discovered on this sec
ton, and was of the opinion that if pay
ing gravel had been discovered there il
would have been worked Miners, as q
general rule, go for all that is in sight. and
If this gravel would pay it would be
worked. Said he did not know as he ever
prospected a pan of dirt on section T.
Senator Sargent-Don't you know that
the land is becoming valuable for agricult-
ural purposes
Winess-No sir. l am no land agent.
Senator Sargent-You don't know that
fruit orchards are creeping into the noun
tains? You don't know that the lands at
Loomis, PenryD, Newcastle. Auburn,
| Clipper Gap and Coliax are all valuable for
| fruit culture?
Witness-I don't pretend to say any
thing about the value of the lands. | know
what they are worth there; cannot say
HLdt sl4AlIdI ldLOS WOutU De worth at
Dutch Flat or Colfax.
Witness said the creek and north part of
the section is not so well timbered as the
southern portion. The timber consists of
valuable sugar pine, yellow pine, fir, cedar,
spruce, oak.
On redirect examination, witness said
| the timber had been pretty well cut off the
southern half of the section by the Towle
Bros but the northern half has not been
| touched.
roOY RECESS.
On reassembling Levee again took the
stand, and in answer to a question of Sena-
| tor Sargent, admitted that be had said he
would give $40 an acre for twenty-five
acres, partially in section Z, for agricultural
purposes. This ground lies almost level
| deep soil, all under ditch, easily irrigated,
| fine orchard land. and could be made a
! profitable alfalfa field. AS an apple orchard,
a good investment. He was engaged in
fruit culture in that section, and found the